SEIDU & ANOTHER VRS ABUBAKARI & 2 OTHERS (UW/WA/HC/E12/1/2018) [2024] GHAHC 346 (11 July 2024)

SEIDU & ANOTHER VRS ABUBAKARI & 2 OTHERS (UW/WA/HC/E12/1/2018) [2024] GHAHC 346 (11 July 2024)

Plaintiffs are not principal members of the Sandao family and failed to prove authority to sue in representative capacity. Plaintiffs sued the wrong party and used the wrong procedure. Plaintiffs did not attempt settlement within the family as required by statute. Evidence shows Defendants accounted for compensation received. Plaintiffs are not entitled to reliefs claimed.

Citation
SEIDU & ANOTHER VRS ABUBAKARI & 2 OTHERS (UW/WA/HC/E12/1/2018) [2024] GHAHC 346 (11 July 2024)
Parties
Plaintiff: Shaibu Seidu; Plaintiff: Fuseini Adamah; Defendant: Ali Abubakari; Defendant: Mumuni Issahaku; Defendant: Salifu Ridwan
Court
ghahc
Jurisdiction
Ghana
Judgment Date
11 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiffs' suit dismissed
Legal Topics
Accountability of Head of Family, Representative Capacity, Burden of Proof, Compensation Distribution
Source Language
eng
Family Law Civil Procedure Customary Law Accountability of Head of Family Representative Capacity Burden of Proof Compensation Distribution

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Parties

Shaibu Seidu

Plaintiff

Fuseini Adamah

Plaintiff

Ali Abubakari

Defendant

Mumuni Issahaku

Defendant

Salifu Ridwan

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Plaintiffs are principal members of the Sandao family
  2. 2 Whether Plaintiffs have capacity to institute action for accounts
  3. 3 Whether Defendants accounted for compensation received

Ratio Decidendi

Plaintiffs are not principal members of the Sandao family and failed to prove authority to sue in representative capacity. Plaintiffs sued the wrong party and used the wrong procedure. Plaintiffs did not attempt settlement within the family as required by statute. Evidence shows Defendants accounted for compensation received. Plaintiffs are not entitled to reliefs claimed.

Court Disposition

Plaintiffs' suit dismissed